Number 47 July 17, 1989

Waste Oil Burner Advertisements in California

Mariposa County Air Pollution Control District has reported that several businesses inthe District have received advertisements from a company selling furnaces and heaters designed toburn used crankcase oil. Health and Safety Code Sections 25250 through 25250.25 require thatusedoil be managed as a hazardous waste and not be burned as a fuel. Department of Health Services'nforces these provisions; for more information, contact Leif Peterson, Toxic Substances ControlJJivision, at (916) 322-1005.

The Solano County District Attorney's Office recently obtained a judgment against anOregon company for advertising and selling waste oil heaters in California. We have referred theinfonnation we have received to the Solano County DistrictAttomey for investigation and possibleprosecution. If you know of any waste oil heaters being advertised or sold, please let us know.Because: this is an ongoing investigation, please forward any infonnation you may have involvingused-oil heaters to the Air Resources Board, Compliance Division. We will see that the infonnationis forwarded to the Solano County District Attomey's Office. If you have questions, please call Mr.Kerry Holliday at (916) 445-3100.

~ ttachments

James J. Morgester, ChiefCompliance Division

California Air Resources BoardPost Office Box 2815-, Sacramento, CA 95812

CALIFORNIA USED OIL RECYCLING LAW

(Excerpt from California Hozardous Waste Control law)

The following is a reprint of Article 13, of the California HazardousWaste Control Act (Chapter 6.5, Division 20, Health and Safety Code), asenacted on January 1, 1989.

Article 13. Management of Used Oil

(Added by Stats. 1986, Ch. 871)

25250. (a) The Legislature finds that almost 100 million gallons ofused oil is generated each year in the state; that this oil is a valuablepetroleum resource which can be recycled; and that, in spite of thispotential for recycling, significant quantities of used oil are wastefullydisposed of or improperly used by means which pollute the water, land,and air, and endanger the public health. safety, and welfare.

(b) The Legislature also finds that readily available technologies existto recycle used oil into useful products and that used oil should becollected and recycled, to the maximum extent possible, by means whichare economically feasible and environmentally sound, in order to con-serve irreplaceable petroleum resources, to protect the environment, andto protect public health, safety, and welfare.

(Added by Stats. 1986. Ch. 871.)

25250.1. As used in this article, the following tenns have the following

meanings:(a) "Used oil" means any of the following:(1) Any oil that has been refined from crude oil, and has been used.

and. as a result of use, has been contaminated with physical or chemicalimpurities.

(2) Any oil that has been refined from crude oil and, as a consequenceof extended storage, spillage, or contamination with nonhazardous impu-rities such as dirt and water, is no longer useful to the original purchaser.

(3) Spent lubricating fluids which have been removed from an enginecrankcase, transmission, gearbox, or differential of an automobile, bus,truck, vessel, plane, heavy equipment, or machinery powered by aninternal combustion engine.

(4) Spent industrial oils, including compressor, turbine, and bearingoil, hydraulic oil, metal-working oil, refrigeration oil, and railroad drain-ings.

(5) Contaminated fuel oil with a flash point greater than lOO"F."Used oil" does not include oil which has a flash point below l00"F or

which has been intentionally mixed with hazardous waste, other thanminimal amounts of vehicle fuel. "Used oil also does not include oilwhich contains polychlorinated biphenyls (PCBs) at a concentration of 5ppm or greater.

(b) "Board" means the California Waste Management Board.

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(c) "Recycled oir' means any oil, produced from used oil, which hasbeen prepared for reuse and which achieves minimum standards ofpurity, in liquid form, as established by the department. This subdivisiondoes not apply to oil which is to be disposed. The following standards ofpurity are in effect unless the department, by regulation, establishesmore stringent standards:

(1) F1ash point: minimum standards set by the American Society forTesting and Materials for the recycled products,

(2) Lead: 100 ppm or less prior to January 1, 1988; .50 ppm or less onand after January 1, 1988.

(3) Arsenic: 5 ppm or less.(4) Chromium: 10 ppm or less.(5) Cadmium: 2 ppm or less.(6) Total Halogens: 3,<xx> ppm or less.(7) Polychlorinated byphenyls (PCBs): 5 ppm or less.Compliance with these standards shall be determined in accordance

with the procedures for identification and listing of hazardous wasteadopted in regulations by the department.

(d) The standards set in subdivision (c) include the only concentra-tions allowed above the criteria adopted pursuant to Section ~141.

(e) Used oil which meets the standards set in subdivision (c), is nothazardous pursuant to the criteria adopted pursuant to Section 25141 forconstituents other than those listed in subdivision (c), and is not mixedwith any waste listed as a hazardous waste in Part 261 (commencing withSection 261.1) of Chapter 1 of Title 40 of the Code of Federal Regulationsis not regulated by the department. ,~y person who generates used oil.and who claims that the oil is exempt from regulation pursuant to thissubdivision, shall notify the department, in writing, of that claim and shallcomply with the testing and recordkeeping requirements of Section~~.19 prior to its reuse. In any action to enforce this article, the burdenis on the generator and user of the used oil to prove that the oil met thosestandards and criteria.

(f) "Used oil recycling facility" means a facility which reprocesses orrerefines used oil.

(g) "Used oil storage facility" means a storage facility, as defined insubdivision (a) of Section 25123.3, which stores used oil.

(h) "Used oil transfer facility" means a transfer facility, as defined insubdivision (c) of Section ~I23.3, that either stores used oil for periodsgreater than 144 hours or that transfers used oil from one container oranother.

(Amended b.v Slats I~ Ct. 1631.)

25250.3. .~y virgin oil product or partially refined product, which hasnot been previously used, which has become contaminated with nonhaz-ardous impurities such as dirt or water, and which has been returned tobulk storage by the product's manufacturer, transporter, or wholesalerfor gravity separation of contaminants, is exempt from this article. Anypetroleum product which becomes contalninated with any other petro-

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leum product during refining, transportation by pipeline, or storage andwhich remains usable as a refinery feed stock or as a refinery fuel isexempt from this article.

(Added by Stab. 1~. Ch. 871.)

25250.4. Used oil regulated by the department shall be managed as ahazardous waste in accordance with the requirements of this chapterWltil it has been recycled. Used oil which is not recycled shall be disposedof, or transported out of the state, as a hazardous waste in accordancewith this chapter.

(Added by Stab. 1~ Ch. 871.)

25250.5. (a) Disposal of used oil by discharge to sewers, drainagesystems, surface or groundwaters, watercourses, or marine waters; byincineration or burning as fuel; or by deposit on land, is prohibited, unlessauthorized WIder other provisions of law.

(b) The use of used oil as a dust suppressant or weed control agent isprohibited.

(Added by Stats. 1~. Ch. 871.)

25250,7. No person who generates, receives, stores, transfers, trans-ports, treats, or recycles used oil shall intentionally contaminate used oilor knowingly accept used oil which has been contaminated with otherhazardous waste, other than minimal amount~ of vehicle fuel.

(Added by Stab. 1~. Ch. 871.)

25250.8. Used oil shall be manifested under either one of the following

procedures:(a) The procedures prescribed by Sections 25160 and 25161.(b) The following modified manifesting procedure, which may be

used only by a registered hazardous waste hauler and shall be used onlywith the consent of the generator:

(1) A separate manifest shall be completed by each vehicle driver,with respect to each transport vehicle operated by that driver for eachdate.

(2) The hauler shall complete both the generator's and the hauler'ssections of the manifest using the hauler's name, Environmental Protec-tion Agency identification number, terminal address, and phone number.The hauler's section shall be completed prior to commencing each day'sused oil collections. The driver shall sign and date the generator's andhauler's sections of the manifest.

(3) The hauler shall attach to the front of the manifest legible receiptsfor each quantity of used oil that is received from a generator. Thereceipts shall be used to determine the total volume of used oil in thevehicle. Mter the used oil is delivered, the receipts shall be affixed to thehauler's copy of the manifest. The hauler shall leave a copy of the receiptwith the generator of the used oil. The generator shall retain each receiptfor at least three years,

(4) All copies of each receipt shall contain all of the followinginformation:

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(A) The name, address, and telephone number of the generator, andthe signature of the generator or the generator's representative.

(B) The date of the shipment.(C) The state manifest number.(D) The volume of the used oil received and its proper shipping

description, including the hazardous class and identification number, ifapplicable.

(E) The name and address of the permitted facility to which the usedoil will be transported.

(F) The hauler's name, address, and Environmental ProtectionAgency identification number.

(G) The driver's signature.(5) The hauler shall enter the total volume of used oil transported on

the manifest at the change of each date, change of driver, change oftransport vehicle, or upon the last delivery of used oil to the designatedfacility. The total volume shall be the cumulative amount of used oilcollected from the generators listed on the individual receipts.

(6) The hauler shall submit the generator copy of the manifest to thedepartment within 30 days of each shipment,

(7) The hauler shall retain a copy of the manifest and all receipts foreach manifest for three years.

(8) The hauler shall submit all copies of the manifest to the designatedfacility. A representative of the designated facility which received theused oil shall sign and date the manife.\t, return two copies to the' hauler,retain one copy, and send the original to the department within 30 days.

(9) All other manifesting requirements of Section 2-5100 and 2-5161shall be complied with unless specifically exempted under this subdivi-sion,

(Amended by Stab. l~. Ch. 54.5.)

25250,10, Every registered hazardous waste hauler who transportsused oil shall report to the department on or before March 1 of each year,the following information on a form provided by the department:

(a) The shipping descriptions of used oil transported during the

preceding year.(b) The volume of each type of used oil transported, identified by

shipping description.(c) The facilities to which the used oil was transported, identified by

name, address, telephone number, and Environmental ProtectionAgency identification number.

I.~mended b~ Stats 19l!8. Ch. 545.)

2-5250.11, (a) Any person who receives used oil from consumers orother used oil generators, is exempt from hazardous waste facility pennitrequirements imposed pursuant to Article 9 (commencing with Section~200) with respect to any location at which used oil is received if all ofthe following conditions are met: .

(1) Each shipment of used oil received does not exceed 20 gallons, andthe contents of any single container does not exceed five gallons,

5(2) Other than lead-acid storage batteries and antifreeze, no other

hazardous waste are received at the location.(3) The used oil is transported by the generator of the used oil.(b) Any person who transports used oil is exempt from the require-

ments of subdivision (a) and (e) of Section 25163 and from therequirements of Section 25100 concerning the POSSession of a manifestwhile transporting used oil if all of the following conditions are met:

(1) The contents of any single container do not exceed five gallons.(2) Each shipment of used oil does not exceed 20 gallons.(3) The person transporting the used oil had generated the oil.

(Amended by Stars. 1~. at. 54S.)

25250.15. Any person operating a refuse removal vehicle or a curbsidecollection vehicle used to collect or transport used oil which has beengenerated as a household waste or as part of a curbside recyclingprogram. as defined by the board. is exempt from the requirements ofSection 25100 and subdivisions (a) and (e) of Section 25163 of this codeand Chapter 2.5 (commencing with Section 2500) of Division 2. Division14.1 (commencing with Section 3~). and subdivision (g) of Section34500 of the Vehicle Code.

(Added by Stats. 1986. at. 871.)

25250.16. No person may recycle used oil without obtaining a pennitfrom the department unless exempted by Section 25143.2 or 2300.5 orother provision of law.

(Amended by Stars. 1988. Ch. 54S.)

25250.17. Unless the facility meets the requirements of Section25250.11. each used oil recycling, storage. or transfer facility shall submita report. on or before March 1 of each year, to the department. on a formprovided by the department. containing all of the following information:

(a) The total volume of used oil possessed at the beginning and end ofthe preceding calendar year.

(b)' The total volume of used oil received during the preceding

calendar year.

( c ) The total volume of used oil recycled during the precedingcalendar year. itemized as follows:

( 1) Prepared for reuse as a petroleum product.(2) Consumed in the process of preparing for reuse, including wastes

generated.(3) Prepared for reuse other than as a petroleum product, specifying

each type of other, use.

(4) Not recycled but transported offsite.(d) .-\ny other information which the department may require.

i.~nded by Stats. 1~. at. 54S.i

25250.18. Any person who transports recycled oil shall maintain witheach shipment of recycled oil the shipment's destination and a signed anddated form, provided by the department. from the recycling facility

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certifying that the oil being transported has been tested and is incompliance with the standards specified in subdivision (c) of Section~~.1.

(Amended by Stats. 1-' CL se.)

25250.19. A used oil recycler shall ensure that all recycled oil trans-ported from the recycling facility has been tested and certified as beingin compliance with the standards specified by subdivision (c) of Section~~.1. Records of tests performed and a copy of each form completedpursuant to Section ~~.18 shall be maintained for three years and aresubject to audit and verification by the deparbnent or the board.

(Amended by Stats. I_. CL se.)

25250.20. Any person whose permit or registration has been revokedmay not apply for a new or renewed permit or registration for a periodof one year after the revocation of the permit or registration.

(Added by Stats. 1_. Ch. 871.)

25250.21 Any person whose pennit or registration has been revokedmay not serve in the employ of a hazardous waste hauler or used oilrecycler during the period of revocation of the permit or registration.

(Added by §tau. 1_. CL 871.)

25250.22. All rules and regulations of the department shall be adopted.amended, and repealed in accordance with Chapter 3.~ (commencingwith Section 11340) of Part 1 of Division 3 of Title 2 of the GovernmentCode.

(Added by Stats. 1986, Ch. 871.)

25250.23. Any person who transports used oil shall register as ahazardous waste hauler and. unless specifically exempted or unless theused oil is not regulated by the department pursuant to subdivision (e) ofSection ~~.1, shall comply with all provisions of this chapter.

(Added by Stats. 1-' OJ. 871.)

25250.24. (a) Except as provided in subdivision (b), any person whogenerates, receives, stores, transfers, transports, treats, or recycles usedoil, unless specifically exempted or unless the used oil is not regulated bythe department pursuant to subdivision (e) of Section ~m.1, sh.illcomply with all provisions of this chapter.

(b) Used oil which is removed from a motor vehicle and which issubsequently recycled, by a recycler who is permitted pursuant to thisarticle. shall not be included in the calculation of the amount of hazardouswaste generated for purpose of the generator fee imposed pursuant toSection ~205.5.

(Amended by Stats. 1_. Ch. 1~.)

25250.25. (a) Any person who manufactures containers which areproduced specifically for the noncommercial storage or transportation ofused oil and which are sold in this state to consumers, shall not sell 'Jrtransfer any of those containers in this state to any person, unless thecontainer meets all of the following requirements:

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p""-/«troftie co..~ by

CAUfORNIA oma OF STATE Pft~-nNt

III 79174

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September 6. 1988

Good Morning! ~been a1rhank ~ou for your inquiry. Since 1976, ~enan C;orporation has

pioneer in the research and development of waste oil heating technology.

1Cen ~ear ~!mited ~arran~v

Experience~ince 1976. ~enan has been involved in the research and development of wasteoil heating technology. ~lso. ~anair is the ill seller. More ~anair ~ulti-C>il 1rueled Jieaters are in use in the United States than any other competitor

SupportOur distributor network and customer service department provide nationwide

factory support.

AcceptabilityAll Lanair models are safety tested and meet NFPA 1131 requirements for oil

burning equipment. (SEC /11-10 and 1-11)

The EPA's final used oil fuel regulation (40 CFR 1/266 - Nov. 29, 1985) allowsthe burning of on-site generated used oil in heaters listed for that purpose.

To start saving money by burning the waste oil you generate call todayat 1-800-356-9424; in Wisconsin 608-752-1601.

THOSE WHO COMPARE BUY LANAIR

Sincerely.

~:-! ~~ r~...%.-:4l4 ---

Morris ManteyNational Sales Manager~enan C:orporation

exchanger warran~y.